How do I coordinate probate administration when one heir’s estate must receive funds from another estate? – North Carolina Short Answer In North Carolina, when an heir dies before receiving an inheritance, the decedent’s personal representative generally should not distribute that share until a personal representative for the deceased heir’s estate is appointed and can…
Can I remove or replace the trustee if they refuse reasonable distributions? – North Carolina Short Answer Yes. In North Carolina, a beneficiary can ask the court to remove a trustee and appoint a replacement when the trustee’s conduct (including refusing appropriate distributions) seriously harms the trust administration or the beneficiaries’ interests. The most common…
Can I rely on our family’s informal promise to inherit the estate even without a will? – North Carolina Short Answer No. In North Carolina, when someone dies without a valid will, the estate generally must pass to the legal heirs set by the state’s “intestate succession” rules—not by an informal family promise. Family members…
How do I handle a closed bank account that stopped HOA payments after a death? – North Carolina Short Answer In North Carolina, when a parent dies and an HOA payment stops because a bank account was closed, the immediate goal is to keep the HOA from adding late fees or recording a lien while…
Can I avoid full probate in the original state and use an ancillary proceeding to move the property? – North Carolina Short Answer Usually not. In North Carolina, an “ancillary” estate is typically tied to a primary (domiciliary) probate in the decedent’s home state, and North Carolina commonly expects a probated will and foreign appointment…
Is there an alternative to filing a formal petition to substitute an incapacitated representative? – North Carolina Short Answer Usually, no. In North Carolina, replacing an already-appointed personal representative who has become incapacitated typically requires a clerk-of-superior-court order entered in an estate proceeding (most often a removal/revocation proceeding or a resignation proceeding), even if the…
How can I find out if my mother’s estate is officially closed with the court? – North Carolina Short Answer In North Carolina, an estate is typically “officially closed” when the personal representative files a closing account (often a Final Account or, in some estates, a Summary of Administration) and the Clerk of Superior Court…
How do I access my parent’s bank account after they pass away if I’m not listed as a beneficiary? – North Carolina Short Answer In North Carolina, a child or other family member usually cannot access a deceased parent’s bank account just because of the family relationship. If the account does not have a payable-on-death…
How can I find and collect any other accounts or assets if I’m not sure what the deceased had? – North Carolina Short Answer In North Carolina, the person appointed by the Clerk of Superior Court as the estate’s personal representative has a duty to locate (“discover”) and gather (“collect”) the deceased person’s assets. The…
What can I do if a hospital said it would write off the bill but then filed a creditor claim against the estate anyway? – North Carolina Short Answer In North Carolina, a hospital can file a creditor claim against an estate even if someone believes the bill was going to be written off, but…
